Longhini v. Commodore Plaza, LLC et al
| Doug Longhini |
| BIANCO FINE FOODS LLC doing business as BIANCO GELATO and COMMODORE PLAZA, LLC |
| 1:2024cv24345 |
| November 5, 2024 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Edwin G Torres |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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| Filing 24 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Bianco Fine Foods LLC identifying Corporate Parent WT Miami LLC for Bianco Fine Foods LLC (Einhorn, Robert) |
Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Bianco Fine Foods, LLC's Unopposed Motion for an Extension of Time to File an Answer or Otherwise Plead (the "Motion"), ECF No. #22 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant Bianco Fine Foods, LLC shall file its response to the Complaint by no later than Friday, January 17, 2025. Signed by Judge Jacqueline Becerra on 1/2/2025. (rs01)
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| Filing 22 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Bianco Fine Foods LLC. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT)(Einhorn, Robert) |
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Filing 21
ORDER SETTING DISCOVERY PROCEDURES. Signed by Chief Magistrate Judge Edwin G. Torres on 12/30/2024. See attached document for full details. (mdc)
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| Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Commodore Plaza, LLC (Weiss, Ryan) |
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Filing 19
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: ( Jury Trial set for 11/17/2025 09:30 AM before Judge Jacqueline Becerra., Calendar Call set for 11/3/2025 10:00 AM before Judge Jacqueline Becerra.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Jacqueline Becerra on 12/27/2024. See attached document for full details. (pcs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 18
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. This Court's Paperless Order Regarding Procedures (the "Order"), ECF No. 4 , required each of the parties, by no later than fifteen days from the date the last defendant enters an appearance in this action, to file a Certificate of Interested Parties and Corporate Disclosure Statement that contains a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The last Defendant to enter an appearance in this action did so on December 11, 2024. See ECF No. #12 . However, to date, neither Defendant has filed their respective Certificates of Interested Parties and Corporate Disclosure Statements in compliance with the Order. Accordingly, it is hereby ORDERED AND ADJUDGED that each Defendant shall file its Certificate of Interested Parties and Corporate Disclosure Statement in compliance with the Order by no later than January 3, 2025 or show cause in writing why sanctions should not be imposed. Signed by Judge Jacqueline Becerra on 12/27/2024. (ymr)
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| Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by DOUG LONGHINI (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Diego, Ramon) |
| Filing 16 NOTICE of Attorney Appearance by Robert Mitchell Einhorn on behalf of BIANCO FINE FOODS LLC (Einhorn, Robert) |
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Filing 15
PAPERLESS ORDER granting #14 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant Commodore Plaza, LLC shall respond to the complaint by no later than January 6, 2025. Signed by Judge Jacqueline Becerra on 12/11/2024. (ymr)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by COMMODORE PLAZA, LLC. (Attachments: #1 Text of Proposed Order)(Weiss, Ryan) |
| Filing 13 NOTICE of Attorney Appearance by Ryan Benjamin Weiss on behalf of COMMODORE PLAZA, LLC. Attorney Ryan Benjamin Weiss added to party COMMODORE PLAZA, LLC(pty:dft). (Weiss, Ryan) |
| Filing 12 NOTICE of Attorney Appearance by Paul Fernandez Penichet on behalf of COMMODORE PLAZA, LLC. Attorney Paul Fernandez Penichet added to party COMMODORE PLAZA, LLC(pty:dft). (Penichet, Paul) |
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Filing 11
PAPERLESS ORDER granting #10 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant Bianco Fine Foods LLC shall respond to the Complaint by no later than January 3, 2025. Signed by Judge Jacqueline Becerra on 12/9/2024. (ymr)
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| Filing 10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to the Complaint by BIANCO FINE FOODS LLC. Attorney Robert Mitchell Einhorn added to party BIANCO FINE FOODS LLC(pty:dft). (Einhorn, Robert) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOUG LONGHINI. COMMODORE PLAZA, LLC served on 11/26/2024, response/answer due 12/17/2024. (Diego, Ramon) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOUG LONGHINI. BIANCO FINE FOODS LLC served on 11/8/2024, response/answer due 12/2/2024. (Diego, Ramon) |
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Filing 7
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 11/11/2024. (ymr)
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| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by DOUG LONGHINI identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate Frances Harpe, Other Affiliate WT Miami LLC for DOUG LONGHINI (Diego, Ramon) |
| Filing 5 NOTICE of Attorney Appearance by Ramon Julio Diego on behalf of DOUG LONGHINI. Attorney Ramon Julio Diego added to party DOUG LONGHINI(pty:pla). (Diego, Ramon) |
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Filing 4
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 11/6/2024. (ymr)
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| Filing 3 Summons Issued as to BIANCO FINE FOODS LLC, and COMMODORE PLAZA, LLC. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (wce) |
| Filing 1 COMPLAINT against BIANCO FINE FOODS LLC, COMMODORE PLAZA, LLC. Filing fees $ 405.00 receipt number AFLSDC-17962963, filed by Doug Longhini. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Virues, Beverly) |
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